16 U.S.C. § 460www — Red Cliffs National Conservation Area

1. (a)PurposesThe purposes of this section are—
   1. (1)to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and
   2. (2)to protect each species that is—
      1. (A)located in the National Conservation Area; and
      2. (B)listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 1533(c)(1) of this title.
2. (b)DefinitionsIn this section:
   1. (1)Habitat conservation planThe term “habitat conservation plan” means the conservation plan entitled “Washington County Habitat Conservation Plan” and dated February 23, 1996.
   2. (2)Management planThe term “management plan” means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).
   3. (3)National Conservation AreaThe term “National Conservation Area” means the Red Cliffs National Conservation Area that—
      1. (A)consists of approximately 44,725 acres of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; and
      2. (B)is established by subsection (c).
   4. (4)Public use planThe term “public use plan” means the use plan entitled “Red Cliffs Desert Reserve Public Use Plan” and dated June 12, 2000, as amended.
   5. (5)Resource management planThe term “resource management plan” means the management plan entitled “St. George Field Office Resource Management Plan” and dated March 15, 1999, as amended.
3. (c)EstablishmentSubject to valid existing rights, there is established in the State the Red Cliffs National Conservation Area.
4. (d)Management plan
   1. (1)In generalNot later than 3 years after March 30, 2009, and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.
   2. (2)ConsultationIn developing the management plan required under paragraph (1), the Secretary shall consult with—
      1. (A)appropriate State, tribal, and local governmental entities; and
      2. (B)members of the public.
   3. (3)Incorporation of plansIn developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any provision of—
      1. (A)the habitat conservation plan;
      2. (B)the resource management plan; and
      3. (C)the public use plan.
5. (e)Management
   1. (1)In generalThe Secretary shall manage the National Conservation Area—
      1. (A)in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and
      2. (B)in accordance with—
         1. (i)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
         2. (ii)this section; and
         3. (iii)any other applicable law (including regulations).
   2. (2)UsesThe Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a).
   3. (3)Motorized vehiclesExcept in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.
   4. (4)GrazingThe grazing of livestock in the National Conservation Area, where established before March 30, 2009, shall be permitted to continue—
      1. (A)subject to—
         1. (i)such reasonable regulations, policies, and practices as the Secretary considers necessary; and
         2. (ii)applicable law; and
      2. (B)in a manner consistent with the purposes described in subsection (a).
   5. (5)Wildland fire operationsNothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.
6. (f)Incorporation of acquired land and interestsAny land or interest in land that is located in the National Conservation Area that is acquired by the United States shall—
   1. (1)become part of the National Conservation Area; and
   2. (2)be managed in accordance with—
      1. (A)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
      2. (B)this section; and
      3. (C)any other applicable law (including regulations).
7. (g)Withdrawal
   1. (1)In generalSubject to valid existing rights, all Federal land located in the National Conservation Area are 1 So in original. Probably should be “is”. withdrawn from—
      1. (A)all forms of entry, appropriation, and disposal under the public land laws;
      2. (B)location, entry, and patenting under the mining laws; and
      3. (C)operation of the mineral leasing, mineral materials, and geothermal leasing laws.
   2. (2)Additional landIf the Secretary acquires additional land that is located in the National Conservation Area after March 30, 2009, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.
8. (h)EffectNothing in this section prohibits the authorization of the development of utilities within the National Conservation Area if the development is carried out in accordance with—
   1. (1)each utility development protocol described in the habitat conservation plan; and
   2. (2)any other applicable law (including regulations).